Synopsis of Bill as introduced:
Amends the Township Code. Provides that a private utility
company may, with the approval of the highway commissioner, construct,
maintain, alter, repair, and extend its pipes, mains, ditches,
conduits, sewers, and drains along, upon, under, and across any
highways, streets, alleys, or public grounds in the township, but not
in a manner permanently interfering with their public use.
HOUSE AMENDMENT NO. 1.
Deletes reference to:
60 ILCS 205-45
Adds reference to:
605 ILCS 5/9-113 from Ch. 121, par. 9-113
765 ILCS 5/7a from Ch. 30, par. 6a
Deletes everything. Amends the Illinois Highway Code. Provides
that if the property subject to a highway right-of-way is not owned by
the owners of the abutting property, then any damages for installing
equipment upon, under, or along the highway must be paid to the person
who has paid real estate taxes for the property as reflected in the
county tax records. If no person has paid real estate taxes, then the
facilities may be installed without payment of any damages. Provides
that the consent for the installation is binding on any abutting
property owner whose property boundary ends at the right-of-way.
Amends the Conveyances Act. Provides that the term "conveyance"
expressly excludes a road, street, highway, or alley if the legal
description of the property uses the boundary of the road, street,
highway, or alley closest to the property being conveyed as a boundary
of the property being conveyed.
SENATE AMENDMENT NO. 1.
Provides that a public utility must pay for any physical damage
it causes to improvements lawfully located in a road or highway
right-of-way. Provides that property that includes a portion of a
highway or road but is subject to the highway or road shall not be
considered to "end" at the highway or road. Provides that a utility
must obtain consent to use a road or highway for public utility
purposes from a lawful owner of the roadway or highway property (i.e.
a person whose deed of conveyance lawfully includes the property,
whether or not made subject to the highway or road) who does not pay
taxes by reason of the farmland assessment provisions of the Property
Tax Code. Provides that the term "conveyance" expressly excludes a
road, street, highway, or alley if the legal description expressly
states that the road, street, highway, or alley is excepted from the
property being conveyed. Provides that the rights accruing to the
abutting property owner under this Act shall be subject to all
existing uses and easements located within the right-of-way and shall
also be subject to such future uses and easements as may be permitted
to be located within the right-of-way under the provisions of the
Illinois Highway Code. Makes other changes.
Last action on Bill: SESSION SINE DIE
Last action date: JAN-07-2003
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status